Serr v. Biwabik Concrete Aggregate Co.

1 Reported in 278 N.W. 355. Defendant appeals from an order denying its blended motion for judgment notwithstanding or new trial.

The facts viewed in the light most favorable to plaintiff may be summarized in this fashion: Defendant over a period of years had been engaged in operating a gravel plant near highway No. 35 between Aurora and Biwabik. In carrying on its work it had occasion to use horses. A few days prior to July 30, 1930, it had borrowed a horse from a near-by farmer and was using it with one of its own. Both animals were in its exclusive care and possession, the man in charge…